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ALL CITY MANAGEMENT SERVICES, INC.
MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavldes Vicente Sahniento JosSal irelodo Sal Tinalem Juan Wages �d r�a*la t a4P'� INSURANCE NOT ON FILE WORK MAY NOT PROCEEQ4� CLERK OF COUNCIL DATE, MAY 21 20 CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 Civic Center Plaza, M29 w P.O. Box 1988 Santa Ana, California 92702 714-647.5201 a Fax 714.647-6515 WWW.santa-ana orp April 17, 2018 All City Management Services, Inc. Attn: Baron Farwell, President & GM 10440 Pioneer Blvd., Ste. 5 Santa Fe Springs, CA 90670 RE: Agreement to provide payment for invoice #'s 52932, 53464 and 53767 To Mr. Fawell: A-2018-128 CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D. Hulzar Please find this letter agreement between All City Management Services, Inc. ("Consultant") and the City of Santa Ana ("City") in regards to the payment of the above referenced invoices. Consultant and City entered into Agreement #A-2015-054 ("Agreement') on March 1, 2015 for a term of three years that expired on February 28, 2018. Consultant provided the City with additional invoices (attached hereto as Exhibit A) for services rendered under the Agreement and both parties to this Agreement agree that the attached invoices represent the final and total amounts due under the Agreement and there are no additional monies owed for Agreement #A-201.5-054. The City agrees to pay Consultant an amount not to exceed $74,846.47 for services rendered. Very truly yours, IN Chief of Police APPROVED AS TO FORM: SONIA R. CARVALAO City ttorney By: Ta scan Assistant City Attorney ALL MA AGEMENT SERVICES, INC. #AR(WFARWfLL President & General Manager CITY OF SANTA ANA RAU OD129� City Manager ATTEST �,, i 8 GT° Clerk of SANTA ANA CITY COUNCIL M,. k PWdo Morale Martinez Vicente somuento Jose Soiodo P. David aenaVdw Juan vaeyaa $d nt ajero Mayor Mayor No Tem, Ward 2 We'd 1 Ward 3 Ward 4 Wow 5 Ward alwillgaullieALUr' au3 naonlotaloen.+.On,.ara iswono®snnrn.®negrgg{Upttpgy pf }},p {Itp {rggos asita^fiaa oYn April 17, 2018 Page 2 Esh. A - Table of Costs for Invoices (Invoice #'s 52932, 53464 and 53767) Invoice # Date Range Amount 52932 January 14, 2018 aAanuary 27, 2018 $35,157.70 53464 February 11, 2018 — February 24, 2018 $272970.09 53767 Februar 25,2018—Februar 28,2018 $11,718.68 Grand Total $74,846.47 SANTA ANA CITY COUNCIL Mlfludl A Pmidp Mlghdlo VaQinls vo.lto 5mrminn;o 3osd Sotorio P. 0a,id'denam9ea J"'d W,,,,r Sal 'rv, m Mayor NII Pro Tddr, Wnrd?. Ward Ward W(ard4 Wards Ward nculido,z a dacg Qro Miert 2'-9.r no<'a t,3.,.3n+ ;3 t"vrimiot>x:a to �u nn L.., nr,-duo _tvl mus q�,g -.,5. n%vba.4aa x� Rill To Santa Ana Police Department Ann; Gabriela Laufer 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 Date Invoice # 2/1/2018 52932 Please Note Below - New Remittance Address P,O. Number Hours Description Rate Amount 2,109.04 School Crossing Guard Services 16.67 35,157.70 Iaauat� 14,OC$ .13nuary 2`t xgv� rzx�� (118 Please Note - Remit Payment Only to New Address All City Management Services, Inc. P.O. Box 8359 Pasadena, CA. 91109-8359 Bill To Santa Ana Police Department Attn: Gabriela Laufer 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 Date Invoice # 3/1/2018 53464 Please Note Below - New Remittance Address Hours Description 1,677.87 School Crossing Guard Services SCANNED CPO `p)JR P.O. Number Rate Amount 16.67 27,970.09 I (ebr�aurr l t :2flls c�l�xu�'w 24�2ti1$ _� Please Note - Rend(Payment Only to New Address All City Management Services, Inc. P.O. Box 8359 .2 Pasadena, CA. 91109-8359 Bill To Santa Ana Police Department Attn: Gabriela Laufer 60 Civic Center Plaza (M-18) Santa Ana, CA 92702 E M53767 18 Please Note Below - New Remittance Address M019[R"ifM Hours Description Rate Amount 2,341.85 School Crossing Guard Services 16.67 39,038.64 r' `F`el5ruan 3�;=2ti18 lvli'r�h i0=?t7�8 _ Please Note - Remit Payment Only to New Address All City Management Services, Inc. P.O. Bos 8359 Pasadena, CA. 91109-8359 ACOR& CERTIFICATE OF LIABILITY INSURANCEDATE(MNPODABoi s/s/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holdar Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsementls). Knight Insurance Services 535 North Brand Boulevard Suite 1000 Glendale CA 91203 .._S _.._..�..._.._ INSURED All City Management Services Inc 10440 Pioneer Blvd # 5 f*/ti\106 RF_6C !egos. _-�— 01-9') .. 62-4200 LiA� Nm. (662-93]3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED. BY PAID CLAIMS. TNSR _.._.._..... ._._ .. ...._.._Ao'DC SdeR;-","......_...... ...`.... PuCtY EFF.t POLICY EXP , TYPE OF INSURANCE I CY U DER I I Mlnb! Y Y i LIMNS $$COMMERCIAL GENERAL DADILITY I IEACH OCCURRENCE ,$ 1,tlU0000 I 1'bj.MAGE`f'b R€N�'Ed �S 50,_000 CI AIMS MADE K OCCUR ❑ _€ I£ € i FRCM?.SF&.tS9.919RmaLoaJ , .... ,....- ,. X 11000200593-03 E, 5/1/3D18 1 9/1/2019 MCD EXP(ArL(nakaRrc) ly Excluded. _. f ,PERSONAL aADV INJURY isy 11000,000 I GENL AGGREGATE LIMIT APPLIES PER , I GENERAL AGGREGATE„ $.. 2,000,000 X�POLICY jE(tT I �' LOC � 1 i ; P}VUOUCib COMPIOr AGG $ 2,000,000 OTTSR AOTtlMOnILF. L.IAnILITY is 31000,000 X pANY AUTO BODILY INJURY.(Lorpomon) $_ B AUTOVNVRJ �ASCH UTOSDLEO (ACP306S769436 rALI'I'(08 AUTOS X _ ` 5/1/2ola 5/1/2019 ' BODI I Y INJURY (Lor amident) S r f .- ... $ NON ONMED I 4 X HIRED AUTOS X AIITtl.> i I PROI ERTY OAMAG@ ;uIw6RELLA LIAR OCCU(i ` itat. Y,sY¢z (Psine.p,) EACH. OCCURRENCE I$ 31000,000 I. _9 ( X EXCESS C 1 I IAO CLAIh16 MADE I `; n ....... ........ ,.I , 1 AGGREGATE S 3 OOp 00 D 1 DED X RET TI(N D i a3SXC50T44-01. _ 5/1/2015 j 5/1/2019 $ P7WORKERS COMPENSATION ; - 0EMPL.OYE,RVLIABILITYI ......._ MANY PROPRICTORIPARTNEH/ F.CIJrIVE Y/N NnL' Applic¢bl¢ i ikI EACH ACCIOrNT II$ OFFICERIMEMHER FXCIiIDiD? �NIAI (mandatory In NH} I PLL L DISEASE CA EMPLOYEE $ Ir sa descrLX1 under yy M U1[ON F OPLRATIONIS below ( t EL DISEASE PGJC.Y Lim[ ! $ .E?k �unamr I D �l;xceu; Liability I I 12nd Leyar Ise y '/tm. t 2010 5/1/2019-{ Each Occurrence In Excess of $5,000,000 Deo. / I$O Retention DLD3000G60.9]o0 '$SM Primary 11 $5,000, 000 Aqg j I t DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Rarrai Schedule, may bs attached if more space Is required) Certificate Holder Completed to Read; City of Santa Ana, it's officers, employees, agents, volunteers and rospresentativea. As respects General Liability and required by written contract; Certificate Holder is named as additional insured. Insurance is Primary 6, Non -Contributory. Waiver of Subrogation applicable. City of Santa Ana 20 Civic Center Plaza, M29 Santa Ana, CA 92702 ACORD 25 (2014101) INS025 (201401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Mashhoud/NYSGAL The ACORD name and logo are registered marks of ACORD . a �!�"E/� /s1/J-Git'.Qs.✓e� k�e-l.I�v/k'E'f-7E=-/+//'� X --- — DATE 5;a""'AI CERTIFICATE OF LIABILITY INSURANCE ;zoa THIS CERTIFICATE IS ISSUED AS A MATTEROFINFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu: of such andorsoment s PRanu0Eee - NMEc Girds Delstrom _. Assurance Agency, Ltd. 847 .403 7218 — 8p.a 4460128. OneCentUr PHONE Centre _flfc.Ne&X36�,.-.), y EMAIL 9750 E. Golf Road ppuBAsS uialStrom_*sssura Schaumburg IL 60173"--.INSUR? 5APPORDINeCOVERAOE AICq ..._ .-.._...,...__..-....._:._ _.....__�.:... ..._..��........,._ INSUaERA• Protective Insurance Company r 12416 INSURED INSURER R • - Personnel Staffing Group, LLC -_.._ .�.._._., __.,.......,m,.„. dba KBS Staf ng INSURER C: 1751 Lake Cook Road, Suite 600 Deergeld IL 60015 n1,su E SaRF COVERAGES CERTIFICATE NUMBER: £780433911.. REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONUTTIONS OF SUCH POLICIES. LIMITS SHOWN MAY. HAVE BEEN. REDUCED BY PAID CLAIMS. 11 SR _. _..-_...._,.—""iAtlDL sdaw ...... _ _:._:.... .....__,._._ POLICY EFF... gL1OPt:1(P ........_,...,,_......_.-.-.... ... ............. ... LTR TYPE OF INSURANCE - g1 P I Y aER MIa lab Y... LIMITS GENERAL LIABILITY EACH OCCURRENCE - S COMMLRCIAL GLNFRAI, LIABILITY PRMAGET(i'R'ENTED $ lwMASES.(GP.astupsmtml._. _... _. ,. � CLAIMS—MADE . , OCCUR MEO EXPAAnyane pezon) PERSONAL&AOVINJUR) $ m. _.._ OENERALAGCRECATE $ _..—_G.L.NLI'CAGlIGCYREGATE LIMIR AIV�UES PLR - PROOMFX)CTS-COMPOPA(X3 r — . _.—.W: $$ ,_._ CCr .. a ...._. __..,IAUTOMOnO.ELIABILITY111INGUE.71" A4�on..�..... �.._ ANYA1110 cal INJURY(Psrpamon) $ ALL OWNED SCHEDULED- � AUTOS AUTOS UODILY INJIJRV IPornaltlonp $ •.. ...NUN-OwNEOTR'.L1ATA"",......, $.. -,. HIRED ATTICS AN Oa rAmg UMBRELLA LIAO OCCUR CACTI OCOIJRRFNO $--- EXCESS LIAR CLAIMS -MADE ACGRCGATE IS DED 9 RETENTI' N - $ A IN RKERS COMPENSATION RW0000a1 Ci13D12o, SftOl2010 X1 VC ST TU rITH.. - - A AND EMPLOYERS' LIABILITY YIN M=488 613012017 "0/2010 ,. TQRY_UMITS, ANY PRCPRII Y URIPAR'YNERIEXECU'TIVE LL EA HACCIDENr $1000400 OFFICERINIF HFR P.R4:LIlUED9 N I A manaaroa In NH) E I VISLASF PA EMPLOYEE Y t�011tl tlD0 Ir Yea deenriboundor -. ama DLS4IIP1'ION Of OPERATIONS below i E,L DISEASE POLICY $1.0]0000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ADDED 101, A0dldonel Renculm Schedule, If more apace Is mqulmd) Proof of insurance RE: Employees assigned by All City Management Services dba The Crossing Guard Company 10440 Pioneer Blvd Suite 5, Santa Fe Springs CA 90670 A Waiver of Subrogation in favor of the Certificate Holder applies to the Worker's Compensatlon policy only, when required by written contract and where allowed by law. -EH—R—rtFl CANCELLATION ._GATE HOLDER' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana 60 Civic Center Plaza Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE �.� RJ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD / v c;YIlLI J� WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. Wewill not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Where required by written contract This endorsement changes the policy to which It is attached and Is effective on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Effective 06/30/2017 Endorsement Effective 06/30/2017 Polley No. WD001486 Endorsement No. Insured PERSONNEL STAFFING GROUP, LLC DBA KBS STAFFING Premium $ Insurance Company Protective Insurance Company Countersigned By we 00 03 13 (Ed. 4-64) Copyright 1083 Notional Caunoll on Compensation Insuranso 04 K° SIIr lilt [ ta�lri Ce Commercial General Liability i ssa IxII�Iicrn LIBERTY SURPLUS INSURANCE CORPORA'T'ION (A New Ilampshire Scoria insurance (-'ompany, hn'cinaftco the Toinpanh') ENDORSEMENT NO. Effective Date: 05/01/18-05/01/19 Policy Numbev 1000200843-03 Issued To: All City Management Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCIIEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL, GENERAL LIABILITY COVERAGE PART SCHTWULE Name Of Additional Insured Person(s) Or Organizations) Location(s) Of Covered Operations Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or otganization be added as an additional insured on your policy; Any other person or organization you are required to add as an additional insured under the contract or agreement described in the paragraph above. All locations of covered operations. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) A. Section II — Who Is An Insuted is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. You]: acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above.. R. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including anaterials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insurcd(s) at the location oEthe coveted operations has been completed; or 2 CG 20 10 0704 © ISO Properties, Inc., 2004 �Sla r�wl4ts 1ra�xsr tnc Commercial General Liability �'tar�ta e<it.8tsY9> 2. That portion of "boar work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractors or subcontractor engaged in performing operations fat a principal as a part of the same project. WE CG 20 10 07 04 0 T5® properties, Inc,, 2004 .:i *u"tlw�.rluOl�a�ei ra ezce Commercial General Liability C e1e �t�Drahirizl," LIBERTY SURPLUS INSURANCE CORPORATION (A New l-Iarupshire Stock In mance Company, hev'eina Rer the "Company") ENDORSEMENT NO. Effective Date: 05/01/18-05/01/19 Policy Nae` bev 1000200843-03 Issued To: All Cit Mana sent Services, Inc: TRIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under the policy, such insurance shall apply as prhnary and not contributing, with any insurance carried by such additional insured, as required by written contract. Nothing horein contained shall be held to waive, very, alter or extend any condition or provision of the policy other than as above stated. CGL 10 31 04 03 �uririte:; Ia lstt rz zafx: Commercial General Liability LIBERTY SURPLUS INSURANCE CORPORATION (A New Bampshirc Stock insurance Company, hcucinafter the "Company") ENDORSEMENT NO. Effective Date: 05/01./18-05/01/19 �e Policy Number: 1000200843-03 Issued To: All City Management Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OFTRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract signed by both parties prior to any "occurrence' in which coverage is sought: under this Policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of Payments we make for injury or damage arising out of your ongoing operations or "your work" clone under a contract with that person or organization and included in the "products -completed operations hazard", This waiver applies only to the person or organization shown in the Schedule above. I CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Named Insured: All City Management, Inc. Pu|icy#ACP 3O007OR4SO Effective 05/01/18 - 05/01/2019 Various provisions in this policy restrict coverage, Road the entire policy determine rights, duties and what ioand isnot covered. Throughout this policy the words 'you'and "y"ur' refer mthe Named Insured shown inthe Declarations. The words '\om"."us"and "our'refer tnthe company providing this insurance. Other words and phrases that appear inquotation marks have special meaning. Refer |oSection V~ Definitions, SECTION I — COVERED AUTOS Item Two nfthe Declarations shows the "autos" that are covered "autua"for each ofyour coverages. The following numerical symbols describe the ''autum/`that may hocovered "autoy''.The symbols entered next to mcoverage onthe Declarations designate the only "au1us"that are covered "outoa". A. Description Of Covered Auto Designation Symbols 1 2 3 Any "Auto" Owned "Autos" Only Owned Private Passenger Only those "autos" you own (and for Covered Autos Liability Coverage any "trailers" you don't own while attached to power units you own), This includes those "2LAOS" you acquire ownership of after the policy beqins, Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned Only those "autos" you own that are not of the private passengertype (and for "Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to Than Private power units you own). This includes those "autos" not of the private passenger Passenger type you acquire ownership Of after the policy begins. "Autos" Only 6 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state Subject To where they are licensed or principally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits in the ra ad, 6 Owned "Autos" Only those "autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have arid cannot reject Uninsured Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured Motorists Motorists Low ___Lequi�r��rjept. 7 Specifically Only those "autos" described in Item Three of the Declarations for which a Described premium charge is shown (arid for Covered Autos Liability Coverage any "trailers" "Autos" you don't own while attached to anV power unit described in Item Three). 8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow, This does not include any "auto" Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their 9 Non -owned Only those "autos" you do not own, lease, hire, rent or borrow that are used in "Autos" Only connection with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households but only while used in Your business or your personal affairs. C Insurance Services Office, Inc., 2011 Page I of 12 xcpaApo/:-ofow5ow oe; 17086 INSURED COPY oA001101*00 0001 47 0034413 19 Mobile Only those "autos" that are land vehicles and that would qualify underthe definition Equipment of "mobile equipment" underthis policy if they were not subject to a compulsory or Subject To financial responsibility law or other motor vehicle insurance law where they are Compulsory Or licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law OnIv B. Owned Autos You Acquire After The Policy Begins 1. If Symbols 1, 2, 3, d, 5, 6 or 19 are entered next to a coverage in Item Two of the Declarations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos If Covered Autos Liability Coverage is provided by this Coverage Foran, the following types of vehicles are also covered "autos" for Covered Autos Liability Coverage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its'. a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction. Page 2 of 12 SECTION II — COVERED AUTOS LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident". We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or expense". However, we have no duty to defend any "insured" against a "'suit" seeking damages for "bodily injury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Covered Autos Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own; hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. O Insurance Services Office, Inc., 2011 CA 00 01 1013 ACP BAPD78-5-6064504 L183 17086 INSURED COPY CA0001101300 0001 47 0034414 (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Sorneone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company) or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership) or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) All court costs taxed against the "insured" in any "suit' against the "insured" we defend. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. CA 00 01 1013 These payments will not reduce the Limit of Insurance. b. Out-of-state Coverage Extensions While a covered "auto' is away from the state where it is licensed, we will: (1) Increase the Limit of Insurance for Covered Autos Liability Coverage to meet the limits specified by a compulsory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "Insured", 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an "insured contract provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. © Insurance Services Mica, Inc., 2011 Page 3 of 12 ACP BAPD75-5-5954504 L183 17086 INSURED COPY CA0001101300 0001 47 0034415 4. Employee Indemnification And Employer's Liability "Bodily injury" to. a. An "employee" of the "insured" arising out of and in the course of: 21 a (1) Employment by the "insured"; or (2) Performing the duties related to the conduct of the Insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract". For the purposes of the Coverage Form, a domestic "employee" is a person engaged in household or domestic work performed principally in connection with a residence premises. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" resulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto'; or Page 4 of 12 b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 6, Movement Of Property By Mechanical Device "Bodily injury" or "property damage" resulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "properly damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"; or Is. Machinery or equipmentthat is on, attached to or part of a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, yourwork means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed; (2) When all of tire work to be done at the site has been completed if your contract calls for work at more than one site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. © Insurance Services Office, Inc., 2011 CA 00 01 10 13 ACP aAPD70-6-5904604 1.103 17086 INSURED COPY CA0001101300 0001 47 0034410 Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured'; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are accepted by the "Insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property In which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does rot apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts if: (1) The "pollutants' escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants" and (2) The "bodily injury" "property damage" or "covered pollution cost or expense" does riot arise out of the operation of any equipment listed in Paragraphs 6.b. and 5.c. of the definition of "mobile equipment". IWITUM"I 9115% Paragraphs b. and c, above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto'; and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 13. Racing Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos", "Insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" combined resulting from any one "accident" is the Limit Of Insurance for Covered Autos Liability Coverage shown In the Declarations, O Insurance Services Office, Inc., 2011 Page 5 of 12 ACP BAPD78-5-5454504 L103 17066 INSURED COPY CA0001101300 0001 47 0034417 All "bodily injury", "property damage" and "covered 3. Glass Breakage— Hitting A Bird Or Animal — pollution cost or expense" resulting from Failing Objects Or Missiles continuous or repeated exposure to substantially If you carry Comprehensive Coverage for the the same conditions will be considered as damaged covered "auto", we will pay for the resulting from one "accident". following under Comprehensive Coverage: No one will be entitled to receive duplicate a. Glass breakage; payments for the same elements of "loss" under b. "Loss" caused by hitting a bird or animal; this Coverage Form and any Medical Payments and Coverage endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists c. "Loss" caused by falling objects or missiles. Coverage endorsement attached to this Coverage However, you have the option of having glass Part. breakage caused by a covered "auto's" SECTION III — PHYSICAL DAMAGE COVERAGE collision or overturn considered a "loss" under A. Coverage Collision Coverage, 1. We will pay for "loss" to a covered "auto" or its 4. Coverage Extensions equipment under: a. Transportation Expenses a. Comprehensive Coverage We will pay up to $20 per day, to a From any cause except: maximum of $600, for temporary (1) The covered "auto's" collision with transense becauseaon oif thextotal theft ofea coveyred another object; or "auto" of the private passenger type. We (2) The covered "auto's" overturn. will pay only for those covered "autos" for b. Specified Causes Of Loss Coverage which you carry either Comprehensive or Caused by: Specified Causes Of Loss Coverage. We will pay for temporary transportation (1) Fire, lightning or explosion; expenses incurred during the period (2) Theft; beginning 49 hours after the theft and (3) Windstorm, hail or earthquake; ending, regardless of the policy's expiration, (4) Flood; when the covered "auto" is returned to use "loss". or we pay for its (6) Mischief or vandalism; or b. Loss Of Use Expenses (6) The sinking, burning, collision or For Hired Auto Physical Damage, we will derailment of any conveyance pay expenses for which an "insured" transporting the covered "auto". becomes legally responsible to pay for loss c. Collision Coverage of use of a vehicle rented or hired without a Caused by: driver under a written rental contract or (1) The covered "auto's" collision with agreement. We will pay for loss of use another object; or expenses if caused by: (2) The covered "auto's" overturn. (1) Other than collision only if the Declarations 2. Towing Comprehensiveindicates Coverags provided We will pay up to the limit shown in the for any covered "auto"; Declarations for towing and labor costs (2) Specified Causes Of Loss only if the incurred each time a covered "auto" of the Declarations indicates that Specified private passenger type is disabled. However, Causes Of Loss Coverage is provided the labor must be performed at the place of for any covered "auto" or disablement. Page 6 of 12 © Insurance Services Office, Inc., 2011 1q7 i11lI] ACP BAPD78.5-5954504 L183 87086 INSURED COPY CA0001101300 0001 47 0034410 (3) Collision only if the Declarations indicates that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. Velar Or Military Action (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" Is being prepared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Weer and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed -measuring equipment, such as radar or laser detectors, and any jamming apparatus intended to elude or disrupt speed -measuring equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: a. Permanently installed in or upon the covered "auto'; b. Removable from a housing unit which is permanently installed in or upon the covered "auto'; c. An integral part of the same unit housing any electronic equipment described in Paragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. S. We will not pay for "loss" to a covered "auto" due to "diminution in value". C. Limits Of Insurance 1. The most we will pay for: a. "Loss" to any one covered "auto" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss" or (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss" is $1,000, if, at the time of "loss", such electronic equipment is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; Insurance Services Office, Inc., 2011 ACP 3APD76-55954504 LIB3 17086 INSURED COPY CA0001101300 0001 47 0034419 (2)Removable from upermanently installed housing unit modescribed inParagraph b.(1)above; ur (3)Aointegral partof suchequipment mu described inParagraphs b.(1)and !z(%) above. 2. Anadjustment for depreciation and physical condition will bomade indetermining actual cash value inthe event cfatotal "|u*o". 3. Iforepair orreplacement results inbetter than like kind or quality,wewill not pay for the amount nfthe betterment. D. Deductible For each covered "outo".our obligation k/pay for, repair, return orreplace damaged orstolen property will be reduced by the opp|ioah|* deductible shown in the Declarations. Any Comprehensive Coverage deductible shown inthe Declarations does not apply to"|neo"caused by fire orlightning. SECTION !V~BUSINESS AUTO CONDITIONS The following conditions apply inaddition Luthe Common Policy Conditions: A. Loss Conditions t Appraisal For Physical Damage Loss Ifyou and vvedisagree onthe amount of'|ons". either may demand anappraisal nf the "loss". |nthis event, each party will select ocompetent appraiser. The two appraisers will select u competent and impartial umpire. The appraisers will state separately the actual cash value and amount cf"|noa"|fthey fail 1uagree, they will submit their differences 1nthe umpire. Adecision agreed !obyany two will ba bindirg. Each party will: a.Pay its chosen appraiser; and b.Bear the other expenses nfthe appraisal and umpire equally. Ifwesubmit toanappraisal, vv*will still retain our right Undeny the claim. 2P Duties |nThe Event Cf Accident, Claire, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a.|nthe event of"uo:idnnr"claim, "auiror "{oon".you must give usorour authorized representative prompt notice of the ''mooiden[ur"loss".Include: (1)How, when and where the "anddent'"r "loss" occurred; Page 8nfi2 (2)The "insured's"name and address; and (3) To the extent possible, the names and addresses ofany injured persons and witnesses. Is. Additinno||y, you and any other involved "insured" must: (1) Assume no obligation, make no payment nrincur noexpense without our consent, except atthe "msurod'n" own cost. (2) Immediately send us copies ofany reqvaw, damand, urder, notice, summons orlegal paper received concerning the claim or'oui[. (3)Cooperate with usinthe investigation or settlement ofthe claim ordefense against the "suit". MUAuthorize u*\vobtain medical records o/other pertinent information, (5)Submit inexamination, oLour expense, hyphysicians nfour choice, owoften m: wereasonably require. c.|fthere |u"mss'1nwcovered "outo"orits equipment, you must also dothe following: (1) Promptlynuiifythapo|icwif1hvonvornd "outn'orany o[its equipment |ostolen, (2)Take all reasonable steps tnprotect the covered "auto'`from further damage. Also keep arecord oiyour expenses for consideration III the settlement nfthe (3) Permit us to inspect the covered "auto" and records proving the "louu'before its repair ordisposition. (4)Agree tuexaminations under oath m1our request and give uvasigned statement ufynuranmwna. 3. Legal Action Against Uw Nnone may bring alegal action against un under this Coverage Form until: a.There has been ruUcompliance with all the terms n(this Coverage Form; and &. Under Covered Autos Liability Cuve,uUo, weagree inwriting that the "inourud"has air obligation topay nruntil the amount of that obligation has finally been determined by judgment after trial. Nnone has the right under this policy k/bring uointo anaction Oc Insurance Services Office, Inc., 2011 ACP BAPD78-6-6954504 LIM 17086 INSURED COPY CA0001101300 0001 47 0034420 4. Loss Payment— Physical Damage Coverages At our option, we may: a. Pay for, repair or replace damaged or stolen property; Is. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss", our payment will include the applicable sales tax for the damaged or stolen property. 6. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for wham we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally conceals or misrepresents a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Belles— Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other provision of this Coverage Form. t 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible Insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Covered Autos Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own; or (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provisions of Paragraph a. above, this Coverage Farm's Covered Autos Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began. We will compute the final premium due when we determine your actual exposures. The estimated total premium will be credited against the final premium due and the first Named Insured will be billed for the balance, If any. The due date for the final premium or retrospective premium is the date shown as the due date on the bill. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. © Insurance Services Office, Inc., 21711 Page 9 of 12 ACP HAPn78-5-5964504 1_163 nose INSURED COPY CA0001101300 0001 47 0034421 T. Policy Period, Coverage Territory Under this Coverage Form, we cover "m^cidnnts"and "|umse8"occurring: 4.During the policy period shown |nthe Declarations; and b.Within the coverage territory. The coverage territory is: (1)The United States ofAmerica; (2) The territories and possessions nfthe United States ofAmerica; (3) Puerto Rico; (4)Conado;and (6) Anywhere inthe world ifmcovered 'eu^o,ofthe private poomnnger1ypei's |maned, hined, nwn&*d or borrowed without odriver for aperiod cf3Vdays or less, provided that the "insu,wd'n"responsibility tn pay damages isdetermined ina"suit'nnthe merits, inthe United States ofAmerica, the territories and possessions ofthe United States nfAmerica, Puerto Rico u/Canada, nrina settlement vveagree to. VYoalso cover '|000' to, or"arddmnis" involving, acovered 'muk/'while being transported between any ofthese places. 8.Two OrMore Coverage Forms (JrPolicies Issued ByWw If this Coverage Form and any other Coverage Form o,policy issued ioyou byusorany company affiliated with unapplies 8o the same "auc|don[the aggregate maximum Limit o/ Insurance under all the Coverage Forms nr policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as SECTION V—DEFINITIONS A. "Accident" inc|udmu continuous or repeated exposure tnthe same conditions resulting in "bodily injury" or"property dan'age" Aland motor vehicle, 'tnaile/'orSemitrailer designed for travel onpublic roads; or Pagel 0 of 12 2. Any other land vehicle that is subject to a compulsory or financial responsibility or other motor vehicle insurance law where it is licensed nrprincipally garaged. However, ''au1uo does not include "mobile equipment". C."Bodily injury" means bodily injury, sickness or disease sustained b operson, including death resulting from any nfthese. D."Covered pollution cost orexpense" means any cost nrexpense arising out o� tAny request, demand, rdstatutory regulatory requirement that any "insured" or others test for, monitor, clean up. remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or 2. Any claim 'suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing. treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". "Covered pollution cost orexpense" does not include any cost urexpense arising out ofthe actual, alleged orthreatened discharge, dispersal, seepage. migragiun, release or escape of .pollutants": m.That are, orthat are contained inany property that is: (1)Being transported urtowed by, handled or handled for movement into, onto or from the covered "euto/` (2)Otherwise inthe course nftransit hyor nnbehalf ofthe "inaured"; or (3) Being stored, disposed of, treated ur processed inorupon 1hwcovered b. Before the which the "pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or a. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". @ Insurance Services Office, Inc,, 2011 CAQ0V110 13 ACP BAPD78-6-5964604 1-1133 17086 INSURED COPY CA0001101300 0001 47 0OW22 Paragraph a, above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants'; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraph 6.b. or 6.c. of the definition of "mobile equipmorlt" Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in of upon a covered "auto" if: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (b) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or perceived loss in market value or resale value which results from a direct and accidental "loss". P. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". a "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; or 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employees", of any "auto". However, such contract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not include that part of any contract or agreement: a. That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or c. That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorizedto serveby public authority. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perforin duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". J, "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; OInsurance Services Office, Inc., 2011 Pagel 1 of 12 ACP SAPD76.5.5954504 L1133 17086 INSURaO COPY CA0001101300 0001 47 0034423 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 6. Vehicles not described in Paragraph 1., 2.1 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well -servicing equipment; or b. Cherry pickers arid similar devices used to raise or lower workers; or 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well -servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense"; to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the insured submits with our consent. 0. "Ternporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. P. "Trailer" includes semitrailer. U Insurance Services Office, Inc., 2011 Clh MI01lMERI t3 ACP SAP078-5.5954504 I.,la3 17085 INSURED COPY CA0001101300 0001 47 8034424